The New York Landlord Holdover Forms Packet With Instructions is a comprehensive set of forms and instructions designed to help landlords in New York State seek relief from tenants who hold over past the expiration of their tenancy. This packet includes forms for filing a notice to quit, a demand for possession, and a petition for eviction. Additionally, it includes detailed instructions on how to file each form, as well as important information about New York State’s landlord-tenant laws. The forms included in the packet are: Notice to Quit; Demand for Possession; Petition for Eviction; Answer to Petition for Eviction; Notice of Motion or Order to Show Cause; Affidavit in Support of Motion; Affidavit in Opposition to Motion; Order to Show Cause; and Judgment for Possession.
New York Landlord Holdover Forms Packet With Instructions
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How to fill out New York Landlord Holdover Forms Packet With Instructions?
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FAQ
Landlords in both New York State and New York City can evict holdover tenants through a holdover summary proceeding?a process that's similar to a regular eviction. However, NYC landlords have to show good cause to evict a holdover tenant who is in a rent-controlled apartment.
To start a holdover case, the landlord/owner must give you court papers called a Notice of Petition and Petition. The landlord/owner must give you the papers the right way (see page 6). The papers tell you the date, time and place (courtroom or Part) when you must come to court.
In New York State and New York City, a holdover tenant is someone who refuses to leave or pay rent after their lease agreement has ended. They must be a month-to-month tenant or have lawfully occupied the property for more than 30 days.
Give the tenant at least 30 days notice to leave. The last day in the notice must be the last day of a rental period. For example, if the tenant pays rent on the 15th of every month then the last day should be the 14th of the month. Taking the rent after the termination date in the notice restarts the tenancy.
A court case to evict a tenant who remains in a rental property after the tenant's right to occupy the rental property has ended is called a Holdover Summary Proceeding. In this kind of lawsuit, the landlord asks the judge to grant a judgment that will allow the landlord to evict the tenant.
As a landlord, you may start a Holdover Summary Proceeding to evict the tenant immediately after that date if the tenant fails to leave unless the lease or other rental agreement says that you have to give the tenant additional notice of when to leave.
Most New York City evictions will take around 3 to 6 months. However, the reason for the eviction can impact the timing. If the tenant has violated the lease, you can evict them in less than 3 months. Evicting a holdover tenant can take a lot longer, especially if they claim you didn't properly serve them notice.
Holdover cases - Your landlord is not renewing your lease How long you have lived at the property or how long is your lease period (whichever is longer)Amount of NoticeLess than one (1) year30 days in advanceAt least one (1) year, but less than two (2) years60 days in advanceTwo (2) years or more90 days in advance